Natura 2000-sites: Legal requirements for agricultural and forestry land-use

Abstract

The agricultural and forestry use of land does not only mark large parts of the European Union, but also a significant share of land within the European ecological network Natura 2000. Member States, therefore, try to exempt as far as possible these land uses from the protection regime of Natura 2000-sites. However, at the same time, Member States latest reports on habitats and wild species of Community importance indicate that, in particular, the intensification of agriculture and forestry in recent decades has made it more difficult to improve conservation statuses or even worsened them. Hence, the aim of this article is to examine in detail the extent to which the protection regime of Article 6(2 and 3) Habitats Directive is applicable to land-use in agriculture and forestry. In this context, of particular relevance is the question of when the use of land in agriculture and forestry or individual management measures within and near Natura 2000-sites are projects for which an appropriate assessment is necessary before implementation; and which, in the case that significant adverse effects to a site cannot be ruled out, are permitted only under the reasons for exemption given in Article 6(4) Habitats Directive. The analysis includes the case law of the European Court of Justice, as well as decisions of the German Federal Constitutional Court and the German Federal Administrative Court.